What are a wife's financial entitlements after divorce in Egypt: what are you actually entitled to?

Quick Answer

A wife's entitlements after divorce in Egypt typically include: deferred dower (mahr) written in the marriage contract, maintenance during the waiting period ('iddah) for three months (or until childbirth if pregnant), consolation maintenance (mut'ah) no less than two years' wages, and child maintenance for dependent children plus childcare fees and housing allowance. This is added to the list of marital chattels if documented in the wife's name. Each item is claimed separately before the family court and is calculated based on the husband's income and the family's previous standard of living.

Deferred Dower, 'Iddah Maintenance, and Mut'ah

Deferred dower (mahr muwakhkhar) is the amount postponed and written in the marriage deed, becoming due immediately upon divorce. It is unrelated to the cause of divorce or the wife's conduct. If it is written in the contract, it is due.

'Iddah maintenance is established under Article 17 of the Personal Status Law No. 25 of 1929 (as amended by Law 100 of 1985). Its duration is three months for a non-pregnant divorcee and extends until childbirth if she is pregnant. It is assessed according to the husband's financial means and the wife's condition and ordinarily does not fall below the level of marital maintenance she was receiving before divorce. [1]

Mut'ah (consolation maintenance) is a provision many overlook. Article 18 Repeated provides that a divorcee without her consent and without fault on her part is entitled to mut'ah not less than two years' maintenance, and the court may allow installment payment. It is assessed according to the husband's financial condition, the circumstances of the divorce, and the length of marriage. [1]

Practical point: these three items are usually filed in a single case before the competent family court at the wife's place of residence and with reduced court fees under Law 10 of 2004.

Child Maintenance, Childcare Fees, and Housing Allowance

If you have children in the custodial age, there are three separate items entirely independent of your personal entitlements:

• Child maintenance: covers food, clothing, school expenses, and medical care. It is assessed according to the father's actual income and the family's previous standard of living.
• Childcare fees: a monthly amount due to the custodian in exchange for her actual care of the children, ceasing upon the child reaching a certain age or transfer of custody.
• Housing allowance or custodial housing: under Article 18 Repeated Third of Law 100 of 1985, the father must provide a separate and suitable home for the custodian and dependent children or pay a cash equivalent. [2]

The current custodial age extends to 15 years for males and females under the 2008 amendment, after which the child chooses.

Warning: failure to pay court-ordered maintenance is a crime punishable under the Penal Code and may be enforced through Nasser Social Bank, which pays the maintenance to the entitled person and then recovers it from the husband.

Watch out: a maintenance claim does not prevent the husband from later filing for reduction if his financial circumstances change. Keep everything proving his actual income: bank statements, tax returns, employment contracts.

List of Marital Chattels

The list is not technically an "entitlement" in the strict sense, but it is among the most important things a divorcee practically recovers. If it was signed by the husband at the time of marriage and properly drafted, it is a title to the chattels listed in it.

Recovery is accomplished in one of two ways: a civil suit for delivery of chattels before the family court, or a report of embezzlement to the prosecution if the husband refuses delivery or disposed of them. Embezzlement is a misdemeanor punishable by law, and many cases end in settlement and in-kind or cash delivery.

Blunt advice: do not waive the list in exchange for oral promises. Any waiver must be in writing and in exchange for genuine documented consideration.

How to Claim These Entitlements Practically

Jurisdiction lies with the family court located in the district of the wife's residence or the child's residence, under the Family Courts Establishment Law No. 10 of 2004. [3]

The steps in brief:

1. Family Dispute Settlement Office: a mandatory phase before filing the suit, lasting 15 days renewable. Many cases are settled here.
2. Filing the pleading: separate or consolidated suits may be filed (mut'ah maintenance, 'iddah, child maintenance, childcare fees, housing, deferred dower).
3. Required documents: marriage certificate, divorce decree, birth certificates of children, proof of the husband's income, list of chattels if any.
4. Enforcement: after judgment, enforcement is through the bailiff's office or Nasser Social Bank for maintenance payments.

Court fees in personal status cases are very reduced and exemption may be requested if hardship is proven. Litigation usually takes 6 to 18 months to reach a first-instance judgment and may be prolonged with appeal.

For more on family law litigation procedures, see Family Law Questions.

Tip: gather all proof of the husband's income before filing suit: pictures of work ID, bank statements, commercial register if he is a business owner, pictures of registered real estate. The court assesses maintenance on what is proved before it, not on what you know.

When Do Some Entitlements Expire?

Not all entitlements are protected. Deferred dower and 'iddah maintenance and divorce consolation usually do not expire upon khul' except consolation and 'iddah in some forms of khul', because khul' assumes the wife waives her financial rights in exchange for divorce. The deferred dower specifically she returns in khul'.

Maintenance may also be forfeited if the wife's nushuz before divorce is proven by court judgment, though these are rare cases in practice.

The limitation period for claiming past maintenance is one year from the date of accrual in some cases, so do not delay filing suit.